IS AGE JUST A NUMBER? THE REALITY OF AGE DISCRIMINATION IN THE WORKPLACE
Even though the Age Discrimination in Employment Act (ADEA) was enacted over 40 years ago, a significant portion of workers over the age of 40 report experiencing discrimination in the workplace. Those workers over 40 looking for work often have a more difficult time than their younger counterparts. With an aging population and a growing number of people working past traditional retirement age, addressing age bias is more important than ever.
The ADEA protects individuals 40 and older from discrimination based on age. However, despite these legal protections, age discrimination persists and can be challenging to prove. Although a substantial number of discrimination charges are filed annually, a relatively small percentage involve age, and even fewer are successful. In fiscal year 2022, the Equal Employment Opportunity Commission (EEOC) received 11,500 charges alleging age discrimination. Of those, only about 15% resulted in merit resolutions.
Subtle Biases and Real-World Examples
Age discrimination can be subtle. Employers likely won’t blatantly comment on an applicant’s age or express a preference for younger workers. But they might unconsciously screen out older applicants based on assumptions about their agility, adaptability, or commitment.
The article highlights real-world cases of age discrimination:
- Cheryl Fillekes vs. Google: Fillekes, a systems engineer, applied for several Google positions but wasn’t hired. She believes she was screened out due to her age, citing Google’s younger workforce compared to national averages.
- EEOC vs. Texas Roadhouse: The EEOC found that Texas Roadhouse denied front-of-house positions to applicants over 40. The company settled the lawsuit for $12 million and agreed to modify its hiring practices.
- Spirit AeroSystems Layoffs: The company laid off employees with higher healthcare costs, which often correlated with older workers. A lawsuit was filed alleging age discrimination, as the layoffs aimed to reduce health insurance expenses.
How to Avoid Age Bias
- Job Ads: Eliminate age-related language from job advertisements. Avoid phrases like “recent college graduates” or “digital natives” that suggest a preference for younger workers.
- Inclusive Image: Showcase a diverse workforce in your company website and recruiting materials. Feature pictures of both younger and older workers.
- Standardized Interviews: Treat all applicants equally during the interview process. Ask everyone the same questions and assess their qualifications objectively. Don’t make assumptions about an older applicant’s retirement plans.
- Self-Awareness: Acknowledge the potential for unconscious bias in your decision-making processes regarding promotions, demotions, and terminations.
By following these steps and promoting a culture of age inclusion, employers can create a more diverse and qualified workforce.
HR FORMS
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Nevada Association of Employers (NAE) has compiled a collection of commonly used HR forms, checklists, policies, and employer guides to help Nevada businesses manage workplace compliance and HR administration.
Whether you are looking for an employment application, employee file checklist, payroll deduction form, performance appraisal form, or FLSA exemption worksheet, NAE provides resources designed to support employers with day-to-day HR operations.
These tools help employers maintain consistent documentation practices and ensure workplace policies align with federal and Nevada employment regulations.
Employers who need additional guidance on HR compliance may also benefit from services such as HR Hotline support or professional HR audits, which help identify potential compliance gaps before they become legal issues.
Access HR Forms Through the Member Portal
NAE members can access these HR resources through the Member Portal (login required). The portal includes downloadable HR forms, customizable policies, and other templates that help employers manage employee documentation and HR procedures efficiently.
These resources are designed to work alongside other NAE compliance tools, including the HR Compliance Checklist and Employee Handbook Review services that help employers maintain legally compliant workplace policies.
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Need a Form or Resource Not Listed?
If you don’t see the HR resource you need, NAE’s HR professionals and employment law attorneys are available to help.
Members can request guidance or customized resources through services such as Legal Hotline or employment legal services, which provide expert advice on workplace compliance and HR documentation.
Contact Nevada Association of Employers to speak with our team about your HR needs.
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